The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-04-23
In THE HANDS OF A JURY
TRIAL OF TOM FOGARTY FOR
SHOOTING E. j. KIEFFER.

DR.. Kieffer's Account of the Shooting
-Fogarty's Threat, "If You Have Me
Arrested viii Kill You"-Physician
ON the Witness Stand-Dr. Myers Re
fuses to Testify as an Expert and Is
Held for Contempt - The Judges
Charge TO the Jury Scenes in the
Court Room During the Trial
The Chatham County Superior Court
room has not been thronged as it was all
yesterday since the Dawson murder trial
nearly eighteen months ago. Any one pass
ing through Court House square would have
quickly guessed that something unusual was
transpiring within the old massive porticoed
building, sometimes POLITICALLY styled the
Temple of Justice.
There was a crowd about the building all
day and citizens kept going i'll and going out
all the time Those entering stopped those
leaving for a moment and directed to them
some inquiry. Had one overheard the
questions he would have found that all were
of one nature There was something I'm
usual taking place in the building upstairs
A slnooth-shaven, bOyish-loOking prisoner
was standing trial for assault with intent TO
murder The charge was not unusual by
any means, for dozens of similar ones come
up every year in the same room. 1t was
the circumstances surrounding the case
which excited the unusual interest and drew
the crowd Thomas Fogarty was the boy
ish-loOking prisoner, who, six weeks ago,
shot Edward j Kieffer almost to death.
The prisoner was represented by ?. w Mel
driln, Esq. and p J. O'Connor Esq. Solici-
Tor General Fleming g. duBignon appeared
Tor the State
THE COURT ROOM THRoYGED
The spectators crowded into the room I'M
I'll the air became really oppressive and
sitting. although the windows were raised
as high as they would go
Mere than an hour was occupied in So
lectlRg the jury A large number of talesmen
had been summoned IN anticipation of an
unusually large number being struck or
going of for cause. From the responses of
the jurors as called il was evident that a
considerable percentage of the public had
formed opinions and was preJudlced
against the prisoner. One or two who ad
nntted that there was prejudice or bias
resting upon their minds We're said to be
friends Of Fogarty, ana the prejudice was
understood to be IN his favor.
SELECTING THE JURY.
Fortv-four name, were called The State
had ten challenges and the defense twenty.
The selection was watched with no little in
terest b. the spectators. the State was
generally prompt in Directing or accepting.
Ir Kielfer. who sat by DR.. duBignon. con
feYred with him during the challenging. OF
their challenges the defense exhausted nine
teen and the State nine
The following comprised the jury:
Robert J. Harper Daniel G. Heidi
Wm- ": Robinson. VIM Atwell,
Joseph \. McDonough, VIM II. johnson,
Joseph s. Ruin WernerS. Byck,
Joseph CamPas JOS Scarborough (col)
Mr. T. J Kieff-- was the first witness
called bv the State He testified that he is a
druggist at West Broad and Stewart streets,
where he has been in business since 1871
He knew Thomas FOgaTty, he said and he
pointed out the prisoner where he sat be
hind his counsel. Continuing, the witness
said that Fogarty shot him on Monday,
March z on the northwest corner of West
Broad and Stewart streets. II was in my
drug store,n he added, about II O'Clock in
the morning, when Mr.. Luke Nolan, a friend
of mine, came in and asked me to walk
down to a neighboring blacksmith shop to
look at a pair of wheels which | had talked
about buying.
SAW FOGARTY APPROACHING.
We started out, and as we were crossing
Stewart street saw Tom Fogarty approach
ing me with two companions. Mr. c. G..
Falhgant had joined us and had one hand
VII my w lcli RDb up iD
me he drew pistol out of his pocket, and
before could jump out of the way he shot
me in the left side of the neck, back of the
ear The witness here showed the jurors
where the ball had entered, and told them
where it was lodged in his right cheek. Pro
Feeding to describe the shooting, the witness
that as he was shot
1nds to protect his head. Fogarty
6tinned firing. '"The second shot struck
3t in the left arm and / fell down in the
xtytet on my hands and knees While
was on the ground he fired three times.
Two bullets hit me in the thigh and one
passed through my coat, without penetrat-
ing my body. After firing five shots
Fogarty went off. / jumped up, holding
my hands to my head, and ran over to my
store ] was confined to my room for four
weeks, during three weeks of which | was
confined TO bed" The witness had some
difficulty in pronunciation, which he eX-
planned by stating that his tongue has been
paralyzed since he was shot
Mr.. Meldrim did not cross-examine the
witness.
EDDIE KIEFFER's TESTIMONY.
Little Eddie Kieffer, the prosecutors
D-year-old son, was called for the second
witness. The little fellow was with his
father at the time of tie shooting. He is a
bright child and ordinarily talks very in
diligently. The crowd and the surround
nngs not uunaturally embarrassed him, and
he began to cry when. he faced the specta-
toIS. Between his sobs he said that he at
tended Sunday school and knew the effect
Of telling an ntruth He was not able n
overcome his emotion and failing TO check
his tears was withdrawn by the State after
tie jury had been allowed time to get the
FULL effect of the pathetic scene.
John Walsh was then examined. He
has known Tom Fogarty since 1881, and he
pointed him out The witness only heard
the first two Shots but saw the last three
fired. After Fogarty ceased firing he walked
down Stewart street 10 Sims and then broke
into a trot running toward Frogtown. On
cross-examination by Mr.. Meldrlm. the wit
ness admitted that he Nyas aware OF the fact
that Fogarty has been affected by epilepsy
FOGARTY HAD FITS.
~ saw him have a 81 at his own homt
once the witness continued He leaned
back in his chair but did not fail 20 tn,
floor | took hold OF him and put a spoor
IN his mouth TO keep him from biting his
tongue. lie tainted, | think. That Wa
about last October or September. The fit
lasted five minutes
On the redirect examination by Mr.. du
Bignon the witness said: "After the fit wa
over Fogarty went on playing cards. hay,
4